BILL NUMBER: AB 1466 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN SENATE JUNE 13, 2012
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Bonilla, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2012
An act to amend Section 17206 of the Business and
Professions Code, to amend Section 1936 of the Civil Code, to amend
Sections 8879.58, 8879.59, 11270, 11546, 13071, 17581, 17617, 19849,
19851, and 76104.7 of, to amend and repeal Section 5924 of, to amend,
repeal, and add Section 51298 of, to add Sections 8169.7, 12531, and
13300.5 to, to add and repeal Section 15849.65 of, to repeal Section
50087 of, and to repeal and amend Section 15849.6 of, the Government
Code, to amend Section 11873 of the Insurance Code, to amend Section
62.9 of the Labor Code, to amend Section 972.1 of the Military and
Veterans Code, to amend Section 6611 of the Public Contract Code, and
to amend Sections 8352.3, 8352.4, 8352.5, 8352.6, and 19533 of, and
to repeal Article 2 (commencing with Section 19290) of Chapter 5 of
Part 10.2 of Division 2 of, the Revenue and Taxation Code, and to
amend Item 7300-001-0001 of Section 2.00 of the Budget Act of 2012,
relating to state government, and making an appropriation therefor,
to take effect immediately, bill related to the budget.
An act to amend Section 69999.6 of the Education Code, and to
amend Sections 3020, 4103, and 15372 of the Elections Code, relating
to state government, and making an appropriation therefor, to take
effect immediately, bill related to the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 1466, as amended, Committee on Budget. State
government. Budget Act of 2012: Governor's Scholarship
Programs: vote by mail ballots and election result
statements.
(1) Provisions of law that became inoperative on July 1, 2003, and
that were repealed on January 1, 2004, established the Governor's
Scholarship Programs under the administration of the Scholarshare
Investment Board. Existing law expresses the intent of the
Legislature to provide explicit authority to the board to continue to
administer accounts for, and to make awards to, persons who
qualified for awards under the provisions of the Governor's
Scholarship Programs as those provisions existed on January 1, 2003,
and to provide for the management and disbursement of funds
previously set aside for the Governor's Scholarship Programs.
Existing law provides that the amount remaining in the Golden State
Scholarshare Trust following a specified transfer is available as a
reserve for funding claims for awards.
Existing law additionally states the intent of the Legislature to
provide a guarantee should additional funds be needed to cover awards
authorized and made pursuant to the program. Existing law also
requires the board to negotiate with the current manager of the
program to execute an amended or new management and funding
agreement, which would be required to include specified terms,
including, but not limited to, terms that provide for the return to
the General Fund of specified moneys appropriated to the Governor's
Scholarship Programs.
Of those funds transferred to the General Fund, this bill would
appropriate $5,000,000 to the Chancellor of the California State
University, without regard to fiscal years, to fund specified
purposes relating to open education resources pursuant to legislation
enacted in the 2011--12 Regular Session of the Legislature. The bill
would prohibit all, or a portion, of that $5,000,000 from being
encumbered unless at least 100% of that amount encumbered is matched
by private funds, and would require the amount of the $5,000,000 that
is not matched by private funds to revert to the Golden State
Scholarshare Trust for purposes of the Governor's Scholarship
Programs.
(2) Existing law makes the vote by mail ballot available to any
registered voter. Existing law requires that those vote by mail
ballots be received by the elections officials from whom they were
obtained or by the precinct boards before the polls close on election
day in order to be counted.
Existing law authorizes certain local, special, or consolidated
elections to be conducted wholly by mail, so long as specified
conditions are satisfied. Existing law requires ballots cast in these
vote by mail elections to be returned to the elections official from
whom they were obtained no later than 8 p.m. on election day.
This bill would, notwithstanding the above provisions, provide
that any vote by mail ballot is timely cast if it is received by the
voter's elections official no later than 3 days after election day,
and either the ballot is postmarked on or before election day or the
voter has executed a declaration under penalty of perjury stating
that the ballot was voted and mailed prior to 8 p.m. on election day.
Because the bill would expand the duties of local elections
officials, it would impose a state-mandated local program.
(3) Existing law requires the elections official to prepare a
certified statement of the results of the election and submit it to
the governing body within 28 days of the election, except for
specified elections.
This bill would instead require the elections official to submit
the certified statement of the results of the election to the
governing body within 31 days of the election.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(5) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
(1) Existing law regulates consumer rental car agreements and
authorizes rental car companies to collect a customer facility charge
based on a fee required by an airport operated by specified
entities. Existing law also directs those airports to complete
independent audits to substantiate the need for the fee prior to the
collection of these fees from rental companies. Existing law requires
the Controller to review these independent audits and report its
conclusions to the Legislature, as specified. Existing law also
requires the Controller to be reimbursed for these reviews by the
airport being audited.
This bill would remove the provisions requiring the Controller to
review, and report to the Legislature regarding, the independent
audits described above.
(2) Existing law requires every city, county, or city and county
that has at least 5,000 residents or in which 5% of the population is
of Filipino ancestry or ethnic origin and that conducts a survey as
to the ancestry or ethnic origin of its employees, or that maintains
any statistical tabulation of minority group employees, to categorize
employees whose ancestry or ethnic origin is Filipino as Filipinos
in the survey or tabulation.
This bill would repeal that requirement.
(3) Existing law requires the Department of General Services to
offer for sale land that is declared excess or is declared surplus by
the Legislature, and that is not needed by any state agency, to
local agencies and private entities and individuals, subject to
specified conditions.
This bill would authorize the Department of General Services to
sell all or a portion of specified parcels of property located in the
City of Sacramento that are leased by the department to the Capitol
Area Development Authority, subject to specified criteria. The bill
would require the proceeds of that sale to be deposited into the
General Fund or the Deficit Recovery Fund, as specified.
(4) Existing law requires a $3 state-only penalty to be levied in
each county for every $10, or part of $10, of a fine, penalty, or
forfeiture imposed and collected by the courts for all criminal
offenses, as specified.
This bill would increase the amount of the state-only penalty to
$4 for every $10, or part of $10, of those payments.
(5) Existing law, the Highway Safety, Traffic Reduction, Air
Quality, and Port Security Bond Act of 2006, approved by the voters
as Proposition 1B at the November 7, 2006, general election,
authorizes the issuance of $19.925 billion of general obligation
bonds for specified purposes. Existing law specifies the
responsibilities of the California Emergency Management Agency (Cal
EMA) with respect to the allocation of bond funds appropriated from
the Transit System Safety, Security, and Disaster Response Account.
This bill would require Cal EMA, in prioritizing the funding of
projects, to additionally prioritize projects that demonstrate the
ability and intent to expend a significant percentage of project
funds within 6 months. During each fiscal year a transit agency or
transit operator receives funds, the bill would authorize Cal EMA to
monitor project expenditures.
(6) Existing law establishes the California Technology Agency
within state government, and requires the office to carry out
specified duties relating to creating and managing the technology
policy of the state. Existing law requires the agency to be
responsible for the approval and oversight of information technology
projects.
This bill would require a state department to get written approval
from the California Technology Agency to procure oversight services
for information technology projects unless otherwise required by law.
(7) Existing law requires the Department of Finance to certify
annually to the Controller the amount determined to be the fair share
of administrative costs due and payable from each state agency and
to certify to the Controller any amount redetermined to be the fair
share of administrative costs due and payable from a state agency.
Existing law requires the Controller to notify a state agency of that
amount, and, unless the state agency requests that those payments be
deferred, to transfer that amount from specified funds to the
Central Service Cost Recovery Fund. Existing law defines
"administrative costs" as the amounts expended by various specified
state entities for supervision or administration of the state
government or for services to the various state agencies.
This bill would modify the definition of administrative costs to
include amounts expended by the Financial Information System for
California.
(8) Existing law requires the Director of Finance, in coordinating
the internal auditors of state agencies, to ensure that these
auditors utilize the "Standards for the Professional Practices of
Internal Auditing."
This bill would also require the director to be responsible for
coordinating state agency internal audits and identifying when
agencies are required to comply with federally mandated audits.
(9) Existing law requires the Department of Finance, the
Controller, the Treasurer, and the Department of General Services to
collaboratively develop, implement, utilize, maintain, and operate
the Financial Information System for California (FISCal) as a single
integrated financial management system, as specified. Existing law
requires the fiscal Project Office in the Department of Finance to
implement these provisions until the Office of the Financial
Information System is established.
This bill would require the FISCal Project Office to report to the
Legislature, by February 15 of each year, an update on the project,
as specified. The provisions of the bill would remain in effect only
until a postimplementation evaluation report has been approved by the
California Technology Agency.
(10) Existing law sets forth the duties and powers of the
Treasurer in the sale of state bonds. Moneys are continuously
appropriated from the General Fund in an annual amount necessary to
pay all obligations, including principal, interest, fees, costs,
indemnities, and all other amounts incurred by the state pursuant to
any credit enhancement or liquidity agreement entered into by the
state, as specified, for bonds payable pursuant to an appropriation
from the General Fund. Existing law, until June 30, 2013, prohibits
the amount appropriated for these fees, costs, and other similar
expenses from exceeding 3% of the original principal amount of the
bonds.
This bill would repeal the inoperative date of those provisions,
thereby extending the 3% interest rate indefinitely, thereby making
an appropriation.
(11) Existing law, the State Building Construction Act of 1955,
authorizes the State Public Works Board to acquire and construct
public buildings for use by state agencies, when authorized by a
separate act or appropriation enacted by the Legislature. Existing
law authorizes the board to issue bonds, notes, or other obligations
to finance the acquisition or construction of a public building,
facility, or equipment as authorized by the Legislature, and any
additional amount authorized by the board to pay the cost of
financing.
This bill would revise and recast that provision to instead
authorize the State Public Works Board to issue bonds, notes, or
other obligations to finance the acquisition, design, or construction
of a public building as authorized by the Legislature, and any
additional amount authorized by the board to pay the cost of
financing, including interest payable on any interim loan or interim
financing for the public building.
(12) Existing law, until January 1, 2013, requires a mortgagee,
trustee, beneficiary, or authorized agent to comply with certain
procedures in dealing with a borrower who is in default prior to
filing a notice of default and to explore options for the borrower to
avoid foreclosure, as specified. Existing law provides that a
violation of these provisions would result in specified civil
penalties, including penalties for unfair business practices.
Existing law provides that civil penalties collected for unfair
business practice violations brought by the Attorney General are
deposited in the Unfair Competition Law Fund within the General Fund.
This bill would establish the National Mortgage Special Deposit
Fund in the State Treasury as a continuously appropriated fund and
would require certain direct payments made to the state under the
National Mortgage Settlement to be deposited in the fund for
allocation by the Director of Finance, as specified. This bill would
further authorize the Director of Finance to allocate moneys from the
fund to offset General Fund expenditures during the 2011-12,
2012-13, and 2013-14 fiscal years for purposes consistent with the
National Mortgage Settlement. The bill would also require that civil
penalties collected under the National Mortgage Settlement be
deposited into the Unfair Competition Fund, and be continuously
appropriated to the Department of Justice to offset the General Fund
costs incurred by the department, thereby also making an
appropriation.
(13) Existing law requires the Department of Veterans Affairs to
disburse funds, appropriated to the department for the purpose of
supporting county veterans service offices pursuant to the annual
Budget Act, on a pro rata basis, to counties that comply with certain
conditions. Existing law requires the Department of Veterans Affairs
to determine annually the amount of new or increased monetary
benefits paid to eligible veterans by the federal government
attributable to the assistance of county veterans service offices and
requires the department to prepare and transmit its determination
for the preceding fiscal year to the Department of Finance and the
Legislature, as specified.
This bill would require the Department of Veterans Affairs, by
June 30, 2013, to develop a performance-based formula that will
incentivize county veterans service offices to perform workload
units, as defined, that help veterans access federal compensation and
pension benefits and other benefits, in order to maximize the amount
of federal money received by California veterans. This bill would
require the department to conduct a review of the high-performing and
low-performing county veterans service offices and based on this
review, produce a best-practices manual for county veterans service
offices by June 30, 2013.
(14) Existing law, known as the Capital Investment Incentive
Program, authorizes, until January 1, 2017, a city, county, or city
and county to pay capital investment incentive amounts to a
requesting proponent of a "qualified manufacturing facility," as
defined. Existing law also requires the Business, Transportation and
Housing Agency to certify qualified manufacturing facilities for
purposes of these provisions and to carry out various oversight
duties, including, but not limited to, reporting specified
information to the Legislature.
This bill would, until June 30, 2013, expand these provisions to
include a "qualified research and development facility," modify and
provide additional definitions, and transfer the duties of the
Business, Transportation and Housing Agency to the Governor's Office
of Business and Economic Development. This bill would, on July 1,
2013, restore these provisions to existing law.
(15) Under the California Constitution, whenever the Legislature
or a state agency mandates a new program or higher level of service
on any local government, including school districts, the state is
required to provide a subvention of funds to reimburse the local
government, with specified exceptions.
Existing law provides that no local agency or school district
shall be required to implement or give effect to any statute or
executive order, or portion thereof that imposes a mandate during any
fiscal year and for the period immediately following that fiscal
year for which the Budget Act has not been enacted for the subsequent
fiscal year if specified conditions are met, including that the
statute or executive order, or portion thereof, has been specifically
identified by the Legislature in the Budget Act for the fiscal year
as being one for which reimbursement is not provided for that fiscal
year.
This bill would provide that all state-mandated local programs
suspended in the Budget Act for the 2012-13 fiscal year will also be
suspended in the 2013-14 and 2014-15 fiscal years.
(16) Existing law also requires that the total amount due to each
city, county, city and county, and special district, for which the
state has determined that reimbursement is required under the
California Constitution, be appropriated for payment to these
entities over a period of not more than 15 years, commencing with the
Budget Act for the 2006-07 fiscal year and concluding with the
Budget Act for the 2020-21 fiscal year.
This bill would prohibit appropriations for payment of
reimbursement claims pursuant to these provisions for the 2012-13,
2013-14, and 2014-15 fiscal years.
(17) Existing law imposes an excise tax on motor vehicle fuel
(gasoline). Existing law, as a result of the elimination of the sales
tax on gasoline effective July 1, 2010, provides for a commensurate
increase in the excise tax on gasoline. Article XIX of the California
Constitution requires gasoline excise tax revenues from motor
vehicles traveling upon public streets and highways to be deposited
in the Highway Users Tax Account, for allocation to city, county, and
state transportation purposes. Existing law generally provides for
statutory allocation of gasoline excise tax revenues attributable to
other modes of transportation, including aviation, boats,
agricultural vehicles, and off-highway vehicles, to particular
accounts and funds for expenditure on purposes associated with those
other modes. Expenditure of the gasoline excise tax revenues
attributable to those other modes is not restricted by Article XIX of
the California Constitution.
This bill, with respect to the increase in gasoline excise taxes
as a result of the elimination of the sales tax on gasoline, would
instead transfer the revenues attributable to aviation, boats,
agricultural vehicles, and off-highway vehicles to the General Fund,
commencing July 1, 2012. The bill, with respect to these revenues
already transferred to the particular nonhighway accounts and funds
in the 2010-11 and 2011-12 fiscal years, would also transfer those
revenues to the General Fund.
(18) Existing law states that it is the policy of the state that
the workweek of the state employee shall be 40 hours, and the workday
of state employees 8 hours, except that workweeks and workdays of a
different number of hours may be established in order to meet the
varying needs of the different state agencies.
This bill would require a state employee, except as specified, for
the period from July 1, 2012, to June 30, 2013, inclusive, either as
required by an applicable memorandum of understanding or by the
direction of the Department of Human Resources for excluded
employees, to participate in the Personal Leave Program 2012 (PLP
2012 Program), under which each employee would receive a reduction in
pay not greater than 5% in exchange for 8 hours of PLP 2012 Program
leave credits per month.
(19) Existing law requires the department to adopt rules governing
hours of work and overtime compensation and the keeping of related
records, except that conflicting provisions of a memorandum of
understanding are controlling, as specified.
The bill would require the department, notwithstanding any
conflicting provisions of a memorandum of understanding, to adopt a
plan for the period from July 1, 2012, to June 30, 2013, inclusive,
by which all state employees, except as specified, who are not
subject to the PLP 2012 Program, as described above, shall be
furloughed for one workday per calendar month, and to adopt rules for
the implementation, administration, and enforcement of this furlough
plan.
(20) Existing law provides that the State Compensation Insurance
Fund shall not be subject to the provisions of the Government Code
made applicable to state agencies generally or collectively, unless
the provision specifically names the fund as an agency to which it
applies. Existing law also provides that employee positions funded by
the State Compensation Insurance Fund are exempt from any hiring
freezes and staff cutbacks otherwise required by law.
This bill would provide that employees of the fund shall, without
limitation, be subject to any and all reductions in state employee
compensation imposed by the Legislature on other state employees for
the period from July 1, 2012, to June 30, 2013, inclusive, regardless
of the means adopted to effect those reductions. With the exception
of those reductions, the bill would further provide that if any of
these provisions, or a practice or procedure adopted pursuant to
these provisions, conflicts with a memorandum of understanding, the
memorandum of understanding shall be controlling, as specified.
(21) Existing law authorizes the Department of General Services
to, relative to contracts for goods, services, information
technology, and telecommunications, use a negotiation process if the
department finds that certain conditions exist, as specified.
This bill would authorize, until January 1, 2018, the California
Technology Agency to utilize that negotiation process for the purpose
of procuring information technology and telecommunications goods and
services on behalf of state departments and information technology
projects. The bill would require an annual report to the Legislature,
as specified.
Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an injured employee for injuries
sustained in the course of his or her employment. Existing law
requires that the Director of Industrial Relations levy and collect
assessments from employers in an amount determined by the director to
be sufficient to fund specified workers' compensation programs
implemented in the state. In that connection, existing law requires
the director to include in the total assessment amount the Department
of Industrial Relations' costs for administering the assessment,
including the collections process and the cost of reimbursing the
Franchise Tax Board or another agency or department for its cost of
collection activities.
Existing law requires the Department of Industrial Relations to
enter into an agreement with the Franchise Tax Board that transfers
responsibility from the Department of Industrial Relations to the
Franchise Tax Board for the collection of delinquent fees, wages,
penalties, and costs, and any interest, including the assessments
from employers in an amount
determined by the Director of Industrial Relations to be
sufficient to fund specified workers' compensation programs
implemented in the state and any penalties.
Existing law also authorizes the Department of Industrial
Relations to enter into an agreement with the Employment Development
Department that provides for the transfer of all or part of the
responsibility from the Department of Industrial Relations, or any
office or division within that department, to the Employment
Development Department for the collection of assessments, as
specified, arising out of the enforcement of any law within the
jurisdiction of the Department of Industrial Relations or any office
or division within that department, as provided.
This bill would repeal the requirement that the Department of
Industrial Relations enter into an agreement with the Franchise Tax
Board to transfer responsibility from the Department of Industrial
Relations to the Franchise Tax Board for the collection of delinquent
fees, wages, penalties, and costs, and any interest, including the
assessments from employers in an amount determined by the Director of
Industrial Relations to be sufficient to fund specified workers'
compensation programs implemented in the state and any penalties.
This bill would require the Director of Industrial Relations to
include in that total assessment amount the cost of reimbursing the
Employment Development Department or another agency or department for
its cost of collection activities, as provided. This bill would make
other conforming changes.
(22) This bill would appropriate $1,000 from the General Fund to
the Department of Finance for purposes of implementing this bill,
thereby making an appropriation.
(23) The Budget Bill, enacted as the Budget Act of 2012, would
make appropriations for the support of state government for the
2012-13 fiscal year.
This bill would amend the Budget Act of 2012 by revising an item
of appropriation in the Budget Act of 2012.
(24) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69999.6 of the
Education Code is amended to read:
69999.6. (a) In enacting this article, it is the intent of the
Legislature to accomplish all of the following:
(1) Provide explicit authority to the board to continue to
administer accounts for, and make awards to, persons who qualified
for awards under the provisions of the Governor's Scholarship
Programs as those provisions existed on January 1, 2003, prior to the
repeal of former Article 20 (commencing with Section 69995).
(2) Provide for the management and disbursement of funds
previously set aside for the scholarship programs authorized by
former Article 20 (commencing with Section 69995).
(3) Provide a guarantee should additional funds be needed to cover
awards authorized and made pursuant to former Article 20 (commencing
with Section 69995).
(b) The board may manage and disburse the funds previously set
aside for the scholarship programs authorized by former Article 20
(commencing with Section 69995).
(c) If a person has earned an award under the Governor's
Scholarship Programs on or before January 1, 2003, but has not
claimed the award on or before June 30, 2004, he or she still may
claim the award by a date that is five years from the first June 30
that fell after he or she took the qualifying test. An award shall
not be made by the board after that date.
(d) The board shall negotiate with the current manager of the
Governor's Scholarship Programs and execute an amended or new
management and funding agreement, before January 1, 2013, which shall
include, but not be limited to, all of the following:
(1) Terms providing for the return to the General Fund by no later
than January 1, 2013, of moneys appropriated to the Governor's
Scholarship Programs that are not anticipated to be needed to make
awards pursuant to paragraphs (1) and (2) of subdivision (a).
(2) Provisions that authorize the board to pay
agreed-upon early withdrawal penalties or fees.
(3) Terms that extend to the final date upon
which the board may withdraw funds for a person who earned an award
under the Governor's Scholarship Programs.
(e) (1) If funds retained in the Golden State Scholarshare Trust
after January 1, 2013, are insufficient to cover the remaining
withdrawal requests, it is the intent of the Legislature to
appropriate the necessary funds to the Golden State Scholarshare
Trust for the purpose of funding individual beneficiary accounts.
(2) The board shall notify the Department of Finance and the
Legislature no later than 10 working days after determining that a
shortfall in available funding described in paragraph (1) will occur.
(f) (1) Of the funds transferred to the General Fund pursuant to
paragraph (1) of subdivision (d), five million dollars ($5,000,000)
is hereby appropriated to the Chancellor of the California State
University, without regard to fiscal years, to fund the establishment
and administration of the California Open Education Resources
Council and the California Digital Open Source Library, and the
development or acquisition of open education resources, or any
combination thereof, pursuant to legislation enacted in the 2011-12
Regular Session of the Legislature, provided that the chancellor may
provide reimbursement to the California Community Colleges and the
University of California for costs those segments, or their
representatives, incur in association with the activities described
in this paragraph.
(2) Moneys, or a portion of moneys, appropriated pursuant to
paragraph (1) shall not be encumbered unless at least 100 percent of
that amount encumbered is matched by private funds. Moneys
appropriated pursuant to paragraph (1) that are not matched by
private funds shall revert to the Golden State Scholarshare Trust for
purposes of the Governor's Scholarship Programs.
(f)
(g) The board may adopt rules and regulations for the
implementation of this article.
SEC. 2. Section 3020 of the Elections
Code is amended to read:
3020. (a) All vote by mail ballots cast
under this division shall be received by the elections official from
whom they were obtained or by the precinct board no later than the
close of the polls on election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this division shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day.
(2) The voter has executed a declaration under penalty of perjury
stating that the ballot was voted and mailed prior to 8 p.m. on
election day.
SEC. 3. Section 4103 of the Elections
Code is amended to read:
4103. (a) Notwithstanding Section 3020,
ballots cast under this chapter shall be returned to the elections
official from whom they were obtained no later than 8 p.m. on
election day.
(b) Notwithstanding subdivision (a), any vote by mail ballot cast
under this chapter shall be timely cast if it is received by the
voter's elections official no later than three days after election
day and either of the following is satisfied:
(1) The ballot is postmarked on or before election day.
(2) The voter has executed a declaration under penalty of perjury
stating that the ballot was voted and mailed prior to 8 p.m. on
election day.
SEC. 4. Section 15372 of the Elections
Code is amended to read:
15372. The elections official shall prepare a certified statement
of the results of the election and submit it to the governing body
within 28 31 days of the election or,
in the case of school district, community college district, county
board of education, or special district elections conducted on the
first Tuesday after the first Monday in November of odd-numbered
years, no later than the last Monday before the last Friday of that
month.
SEC. 5. Counties may continue to use official
election materials that do not take into account the provisions of
Sections 2 and 3 of this act, until the supply of those official
election materials is exhausted.
SEC. 6. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SEC. 7. This act is a bill providing for
appropriations related to the Budget Bill within the meaning of
subdivision (e) of Section 12 of Article IV of the California
Constitution, has been identified as related to the budget in the
Budget Bill, and shall take effect immediately. All matter
omitted in this version of the bill appears in the bill as amended in
the Senate, June 25, 2012. (JR11)